Коммерческое право. Отличие договора поставки от договора розничной купли-продажи (самое важное)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Коммерческое право. Отличие договора поставки от договора розничной купли-продажи (самое важное)

Lecture notes, cheat sheets

Table of contents (expand)

47. DISTINCTION OF THE SUPPLY CONTRACT FROM THE RETAIL SALE CONTRACT

Delivery contract - consensual, reimbursable, bilaterally binding. The parties to the supply agreement are the seller (a special entity - a legal entity or a citizen-entrepreneur) and the buyer - a person who intends to use the purchased goods for purposes other than personal and domestic.

Under a retail sale contract the seller - an individual or legal entity - carries out entrepreneurial activities for the sale of goods at retail. Buyer - any person, both natural and legal. The subject of the contract is the goods intended for use not related to entrepreneurial activity. An essential condition of the contract of retail purchase and sale is the price of the goods.

From what is contained in Art. 493 of the Civil Code of the rule on the moment from which the retail sale and purchase agreement is considered concluded, we can conclude that this agreement, in contrast to the usual sale and purchase agreement (clause 1 of article 454 of the Civil Code), is generally real (clause 2 article 433 of the Civil Code). The noted conclusion follows from the fact that the issuance of a check, with which Art. 493 of the Civil Code connects the moment of conclusion of the contract, confirms the fact of payment for the goods, i.e., for the conclusion of the contract, payment of the price of the goods is necessary. Therefore, the content of the retail sale contract, as a general rule, is the obligation of the seller to transfer to the buyer the goods paid for at the time of the conclusion of the contract, and payment of the price at the same time means reaching an agreement on the price of the goods as one of the essential conditions of the retail sale contract.

It should also be taken into account that, according to paragraph 2 of Art. 426 of the Civil Code, the price and other terms of a public contract, which is a retail sale contract, are set the same for all buyers.

If there is no special indication in the retail sale contract about the place of delivery of goods, the place of delivery is assumed to be the place of residence of a citizen (Article 20 of the Civil Code) or the location of a legal entity (Article 54 of the Civil Code). If the information allowing to determine the place of delivery of the goods is absent in the contract at all, it must be recognized as not concluded.

The buyer has the right to demand only such information about the product, which is necessary in connection with the characteristics of this product, which can be specified in regulatory enactments. Always necessary is information about the price of goods. The seller is obliged to provide reliable information about the goods.

In the event of a dispute in connection with the shortcomings of the purchased goods (clause 4 of article 495 of the Civil Code), the burden of proving the fact that the seller did not provide the necessary information about the goods and the causal relationship between this circumstance and the occurrence of shortcomings rests with the buyer.

For certain retail methods, government regulations apply, such as the Rules for the sale of goods by samples.

<< Back: The main obligations of the parties. Time of transfer of ownership

>> Forward: Price basis

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Bank audit. Crib

▪ Fundamentals of medical knowledge. Crib

▪ History of psychology. Lecture notes

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Chinese astronauts fly to the moon 01.01.2012

Forty years after American astronauts landed on the Moon, Earth's satellite is once again a destination on the agenda of astronauts, this time Chinese. There have been reports of China's intentions to send a lunar expedition before, but this time, for the first time, these plans are mentioned in official documents of the government of the country.

The China Daily published a government report summarizing the results of the completed five years and indicating plans for space exploration for the next five years. The document noted that the past period was fruitful for China's cosmonautics, as everything that was planned in the space program was carried out - and spacewalks, and rendezvous, and docking in outer space.

China plans to send two Shenzhou 9 and Shenzhou 9 spacecraft (manned or unmanned) into space next year to dock with the Tiangong 10 space laboratory. The document states that the purpose of the research is to prepare for a manned flight to the moon.

This program does not yet have an approved schedule. It is only reported that the soft landing of the unmanned module and the deployment of the lunar rover to survey the surface of the Earth satellite will be initially worked out. The next stage of the "lunar program" involves the delivery of soil samples from the Moon to Earth.

In 2003, China became the third country in the world to send its citizen into space on a vehicle of its own manufacture, and five years later, a Chinese astronaut took a walk in outer space. By 2020, China plans to convert the Tiangong-1 orbital laboratory into a fully functional space station.

Other interesting news:

▪ Microbes in a squirrel wheel

▪ New record for quantum superposition

▪ Neuromorphic chips for artificial intelligence

▪ Rose genome deciphered

▪ Lifespan biomarker found

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the website Experiments in Physics. Selection of articles

▪ article I take my goods where I find them. Popular expression

▪ article What prediction of the oracle became disastrous for the king, who did not understand its meaning? Detailed answer

▪ article Electrician-adjuster. Job description

▪ article Outdoor TV antennas. Encyclopedia of radio electronics and electrical engineering

▪ article Microcircuits. Pulse stabilizers 1155EU1. Control scheme. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews